TaxTMI 
TaxTMI 
2026 (9) TMI 2020
X X X X Extracts X X X X
X X X X Extracts X X X X
....ssment year 2024-25. 2. The grounds raised by the assessee in the appeal are as under: (i) On the facts and circumstances of the case, the order passed by the learned Commissioner of Income-tax(A) is bad, both in the eye of law and on facts. (ii) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the disallowance of deduction of Rs. 16,19,138 claimed by the assessee under Section 80JJA of the Income-tax Act on account of delay in furnishing of Form 10DA, issued under Rule 19AAB of the Income-tax Rules 1962. (iii) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in denying the deduction, rejecting the co....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the business of manufacturing and sale of helmets, pannier boxes, crash guards and other automobile accessories. The assessee filed its return of income for the A.Y. 2024-25 on 23/10/2024, declaring an income of Rs. 13,16,39,800. The same was processed by CPC, Income-tax Department, Bengaluru, vide intimation under Section 143(1) of the Income-tax Act, dated 22-2-2024. The Assistant Director, CPC Bengaluru, has disallowed deduction under Section 80JJAA of the Income-tax Act, as claimed by the assessee, of Rs. 16,19,138 on account of non-filing of Form 10DA before the due date specified in the Income-tax Act. The assessee has obtained the audit report in Form 10DA from chartered accountant before the due date of furnishing return under Secti....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... staff of chartered accountant had even attached the scanned copy of the signed Form 10DA procured from chartered accountant dated 30th September 2024, thus a scanned copy of Form 10DA was even uploaded on the Income Tax portal on 30th September 2024 itself. The non-filing of Form 10DA before the due date on Income Tax portal was purely a procedural lapse on the part of staff of chartered accountant due to complicated procedure and the assessee was not at fault. Thus for no fault on this part, the assessee should not suffer. It was further submitted that assessee realized its mistake that he has not completed the procedure prescribed for furnishing of Form 10DA on 16-12-2024. Immediately on realizing the same, the assessee approached the ch....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d that, "in consonance with the view taken by the coordinated bench, the denial of deduction under Section 80JJAA solely for reasons of belated filing of the prescribed form is not justified. Consequently, the action of the CIT is set aside and the assessing officer is directed to grant relief by way of deduction as claimed. Ground number one is accordingly allowed." 5. We further find that on identical facts and circumstances of the case, the Hon'ble Delhi High Court in the case of International Tractors Limited versus DCIT, LTU 2021 127 Taxman.com 82 Delhi, held that the assessee company had failed to claim deduction in respect of Section 80JJAA in its return as well as revised return. Thereafter it made said claim before Assessing....